Modesto Police Fail to Find Reason for Shooting 11-Year-Old in Drug Raid, More Investigations Pending
drcnet.org
Last October, DRCNet reported on the shooting death of elementary
school student Alberto Sepulveda during a raid by the Modesto,
California, SWAT team as it executed a federal search warrant in
a methamphetamine trafficking investigation
(http://www.drcnet.org/wol/156.html#policeshootings). No drugs
or guns were found, but the boy's father, Moises Sepulveda, was
charged with conspiracy to distribute methamphetamine.
Now, after three separate investigations by Modesto police and
the city attorney, Modesto police can say only that it was an
accident. Investigations by the county attorney and the
California attorney general, which could result in criminal
charges against police shooter David Hawn, are pending.
Hawn, a veteran member of the Modesto SWAT team, shot and killed
young Sepulveda as the boy, following Hawn's barked commands, lay
prone on his bedroom floor. At a January 10th press conference
called to announce the result of the department's investigations,
Police Chief Roy Wasden said Hawn's Benelli shotgun could have
misfired, Hawn could have accidentally squeezed the trigger, or
Hawn's equipment, particularly a knife on his belt, could have
accidentally caused the gun to discharge.
This wasn't the first time Hawn had problems controlling his
weapon. According to the Stockton (California) Record, a year
before he shot Alberto Sepulveda, he accidentally shot a dead
man. The man had killed himself during a SWAT raid in which Hawn
participated. Hawn was cleared of any wrongdoing in that
incident.
Facing scathing criticism from a shocked community, Chief Wasden
put Hawn on paid leave after the Sepulveda shooting, but he is
now back on the job, although he is restricted to investigative
functions.
Wasden, however, pointed the finger at the federal law
enforcement agencies -- DEA, FBI, and IRS -- at whose behest the
Modesto SWAT team executed the warrant. According to the
department's investigation, Wasden said, DEA agents requesting
help from the Modesto SWAT team told Modesto police that Moises
Sepulveda was suspected of belonging to a meth trafficking
enterprise and that he should be considered "armed and
dangerous." Only during the post-shooting investigation did
Modesto police learn that Sepulveda's name came up only at the
end of an 18-month federal investigation. They also learned that
the DEA had little information about Sepulveda or his home, with
the result that SWAT team members forced their way in on the
mistaken assumption that no children were present.
In fact, three children were in the home. Alberto, his 8-year-
old sister Xitlalic, and his 14-year-old brother Moises, Jr.
Police officers attempted to blame Moises for his brother's
death, saying that the youth repeatedly tried to stand up after
being rousted from his bed and ordered to the floor at gunpoint.
The SWAT team leader stood on the boy's back while another
officer attempted to handcuff him, the report said, and it was
during this commotion that Hawn shot Alberto Sepulveda.
Arturo Gonzalez, attorney for the Sepulveda family, angrily
denies the police version. "Moises was nowhere near the officer
who fired the weapon," Gonzalez told reporters after the chief's
press conference. "He only tried to get up after hearing the
shotgun blast. He did nothing to contribute to his brother's
death."
Chief Wasden told the press conference that as a result of the
investigation, his department will no longer assist federal anti-
drug agencies based only on "good faith." Instead, Wasden said,
federal agencies must now provide the department with detailed
information to justify the high levels of force they typically
request.
Wasden also evinced frustration with the feds. "What are we
gaining by serving these drug warrants?" he asked. "We ought to
be saying, 'It's not worth the risk. We're not going to put our
officers and community at risk anymore.'"
Wasden did not address the question widely raised in the
community about why Sepulveda could not have been arrested when
he left the house to go to work instead of relying on the riskier
and more confrontational forced entry raid by the paramilitary-
style SWAT team.
The Sepulveda family was unimpressed. In remarks to reporters
after the chief's press conference, Gonzalez spoke on behalf of
the family, whose members were too distraught to talk to the
press.
"We're quite disappointed at what we received," said Gonzalez.
"We intend to fight for this little boy until we get all the
answers."
Gonzales has already filed a wrongful death claim against the
city, and he told reporters that the family would file similar
suits against the federal agencies involved. He also vowed to
file another lawsuit against federal agencies demanding that pre-
dawn SWAT team raids such as the one that led to Alberto's death
be banned.
"You've heard of Ruby Ridge and Waco," Gonzales said, "you can
add Modesto to that list. What happened here is a tragedy."
Neither are other critics satisfied. Latino activist Miguel
Donoso told the Modesto Bee that the report contained little that
could not have been determined within days of the shooting and
that it did not go far enough.
"I want for the police to come out and say the guy blew it and
shot the young boy," said Donoso. "A person with 21 years
experience and all that training couldn't make a mistake like
that."
The shooting has divided the community, with flurries of letters
to the editor staking out opposing positions. Some police
supporters have gone as far as blaming "all drug users" for
Sepulveda's death, while critics reprised arguments against
excessive police force and the war on drugs in general.
As for the boy's classmates, they, too, have been scarred. "I
don't like cops anymore," said 12-year-old Melissa McConnell, who
lives down the street from the Sepulveda home. "I don't think it
was an accident. Nobody I know thinks it was an accident," she
told the Modesto Bee.
School counselor Chris Fallentine told the Bee students were
upset and distraught. "We heard a lot of questions like, 'Can we
trust the police?,'" she said. |
